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Constitutional Authority Statement

By Mr. COURTNEY:
H.R. 748.
Congress has the power to enact this legislation pursuant
to the following:
Article 1, Section 8.
[Page H1212]

Summary

This bill responds to the COVID-19 (i.e., coronavirus disease 2019) outbreak and its impact on the economy, public health, state and local governments, individuals, and businesses.

DIVISION A–KEEPING WORKERS PAID AND EMPLOYED, HEALTH CARE SYSTEM ENHANCEMENTS, AND ECONOMIC STABILIZATION

This division establishes the Paycheck Protection Program to provide eight weeks of cash flow assistance to small businesses through federally guaranteed loans to employers who maintain their payroll. Such assistance shall be to cover costs such as payroll, paid sick leave, supply chain disruptions, and employee salaries. The division further provides that certain amounts owed on such loans are eligible to be forgiven.

The division also authorizes the Small Business Administration (SBA) to provide advances on SBA emergency disaster loans for small businesses that have applied for such loans due to the COVID-19 pandemic.

This section authorizes the Minority Business Development Agency of the Department of Commerce to provide grants to minority business centers and minority chambers of commerce for educating, training, and advising minority business enterprises

Subtitle A–Unemployment Insurance Provisions

This section allows individual taxpayers a refundable income tax credit of $1,200 ($2,400 for married couples filing a joint return). A $500 credit is allowed for each qualifying child of the taxpayer.

This section permits penalty-free coronavirus-related distributions from tax-exempt retirement plans up to $100,000 in a taxable year.

Current law specifies that paid family and medical leave with respect to the COVID-19 public health emergency shall not exceed $200 per day or $10,000 in the aggregate. This section instead specifies that an employer shall not be required to pay more than those amounts per employee.

(Sec. 3709) This section temporarily exempts Medicare from budget sequestration orders.

(Sec. 3710) This section increases payment under the Medicare prospective payment system, during the public health emergency, for inpatient hospital discharges of individuals diagnosed with COVID-19.

(Sec. 3711) The CMS must waive, during the public health emergency, Medicare requirements relating to (1) therapy for patients of inpatient rehabilitation facilities, and (2) site-neutral payment rates for inpatient hospital services at long-term care hospitals.

(Sec. 4019) Certain entities are prohibited from receiving loans, loan guarantees, and other investments as provided by this subtitle. Specifically, an entity is not eligible for these programs if a controlling interest in the entity is held by

• the President;
• the Vice President;
• the head of an executive department;
• a Member of Congress; or
• the spouse, child, son-in-law, or daughter-in-law of any of the above.

Within the DOE budget, the title provides appropriations for (1) Science, and (2) Departmental Administration.

The title also provides appropriations for several independent agencies, including

• the Election Assistance Commission,
• the Federal Communications Commission,
• the General Services Administration,
• the National Archives and Records Administration,
• the Office of Personnel Management,
• the Pandemic Response Accountability Committee, and
• the Small Business Administration.

The title provides appropriations to the EPA for

• Science and Technology,
• Environmental Programs and Management,
• Buildings and Facilities, and
• Hazardous Substance Superfund.

The title also provides appropriations to several related agencies, including

• the Institute of American Indian and Alaska Native Culture and Arts Development;
• the Smithsonian Institution;
• the John F. Kennedy Center for the Performing Arts; and
• the National Foundation on the Arts and Humanities, including the National Endowment for the Arts and the National Endowment for the Humanities.

(Sec. 18114) This section requires certain funds provided by the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 to be paid to the DHS Countering Weapons of Mass Destruction Office for costs incurred under other transaction authority and related to screening for the coronavirus.

(Sec. 21006) This section increases the amount that the Millennium Challenge Corporation is permitted to spend for administrative expenses, such as additional costs due to evacuations.

(Sec. 21012) This section authorizes certain U.S. contributions and votes related to several international financial institutions and programs, including

• the International Development Association,
• the International Finance Corporation,
• the African Development Bank,
• the African Development Fund, and
• the International Monetary Fund’s New Arrangements to Borrow.

The title provides appropriations for Housing Programs, including

• Project-Based Rental Assistance,
• Housing for the Elderly, and
• Housing for Persons with Disabilities.

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